My Current Employer Is Not Relieving

Hi,

I am working for a company in Chennai, alwarpet as a systems engineer for Rs.17000/- P.M. I am working here for past 11 months. I got a new offer with an MNC in bengaluru for Rs.450000/- P.A. My offer letter says,

TERMINATION OF SERVICE: Your service is liable to be terminated any

time during the probation period/ extended period without assigning any reason or

without notice or any compensation. The Management decision in this regard shall

not be questioned. If the employee is confirmed, the notice period of termination

by the company would be 30 days.



PROBATION: You will be initially under a probation period of one year from

the date of your joining. If found necessary, probation period may be extended at the discretion of the management. Unless given in writing regarding the extension of your probation period, you will be deemed to be confirmed after the expiry of the initial or extended period of probation.



NOTICE PERIOD: You will be at liberty to resign from the services of the

company after giving three months notice in writing to the company. Alternatively salary in lieu of the aforesaid notice period may be given by either party, is agreed up on mutually

Coming to the point,

I am suppose to join there by May 14th. I have given one month notice period. But my manager says that, I should pay Rs.130000/- for relieving or I should stay in the company for another 1 year.

I am not ready to pay that amount.

If I join new company, without getting the relieving letter, will the current employer disturb me through any law.

Please help me in this regard.

Regards,

Gladwin

Mr.Gladwin
You meet HR and bring to their notice that as per your contract of service , you are required to give one month notice or one emonth wages in lieu there of and since you gave the notice , you are not required to pay any amount and it is the employer who is required to comply with the contract by relieving you and the company's fresh deamand for notice pay wages and laying down fresh conditions are in breach of the contract. Employees cannot be blamed for the losses of the company.On the otherhand, employees' dues rank priority in the event of company being wound up.
B.Saikumar
HR & Labour Law Advisor
MUMbai

Dear Mr.Saikumar,
Thank you for your valuable guidance on this regard.
My new employer is ready to join me without relieving letter.
I assured the current employer that, other than Rs.130000/-, I am ready to fulfill all other conditions. So I decided to stop going to the current employer after completing the notice period.
Please comment ob my decision.
Regards,
Gladwin

In my opinion probation period is kept to judge the employee capability , performance before his Confirmation . There is always a clause in regard to notice period of One Month available to both parties during Probation. The Employee has liberty to resign any time during probation with one month notice or salary in lieu of period. But this too as per terms of appointment letter only.